Articles on Blog Posts

A New Tort That Should Find Acceptance in Massachusetts

In recent years courts in several jurisdictions have recognized a legal claim or theory of recovery known as “tortious interference with intended bequest”. This legal theory has grown out of the recognition that people are often able to frustrate the…

Attorney’s Fees in Probate Litigation: Does the Loser Pay?

Judges are fond of saying that when it comes to attorney’s fees, our legal system employs what is known as the “American Rule”; that is, unless there is a specific law or contract provision that permits or requires the losing…

The Special Personal Representative: A Useful Tool in Will Contests in Massachusetts

Whenever a challenge is made to a will in Massachusetts, it essentially “freezes” the administration of the estate. In other words, nothing can be done to gather together the assets, pay the estate’s debts, sell assets or distribute property or…

How Do I Challenge a Will or Trust in Massachusetts?

Sadly, more and more members of “The Greatest Generation” are dying, and in the process are leaving unprecedented wealth to their children and grandchildren. Along the way, however, disputes have arisen over the validity of certain distributions of that wealth. …

The Dilemma of the “Lost Will”

Posted by Alan Fanger I often see clients who believe that a family member has taken steps to destroy a parent’s will. This claim is usually made where that family member has also taken steps to transfer certain real estate…

What are My Rights in Massachusetts if My Contractor Abandoned Our Renovation Project?

Posted by Alan Fanger Your rights as a homeowner against a contractor depend on whether the contractor was registered with the state as a Home Improvement Contractor (go to http://services.oca.state.ma.us/hic/licenseelist.aspx to determine whether the contractor is registered). If the contractor…

How Do I Challenge or Contest a Will or Trust in Massachusetts on the Basis of Undue Influence?

Posted by Alan Fanger It is not uncommon for wills or trusts to be made or changed due to undue influence, and fortunately, there are remedies available to challenge such actions and law that can work to the challenger’s benefit….

Alan Successfully Strikes Affidavit of Objections in Will Contest

Alan was recently successful in persuading the Norfolk County Probate Court to strike an affidavit of objections in a will contest, thus ending the challenge to an amended will. The challenging parties filed a lengthy affidavit, setting forth what they…

What is Undue Influence and How Can it be Proved?

By Alan Fanger Taking care of a deceased person’s assets and business affairs adds stress to an already emotional situation. Adding to the anxiety, families sometimes discover their loved one has been taken advantage of. A vulnerable elderly person is…

Five Telltale Signs of “Estate Manipulation”

By Alan Fanger When clients who have been victimized by changes in a parent’s estate plan first contact me, I already know what I am about to hear: a tale of bitterness between siblings and the manipulation by one or…

[shareaholic app="share_buttons" id="21332620"]